1 PAYMENTS

1.1 On the date of this agreement

1.1.1 You will pay the Deposit as shown on your completed loan application form by way of credit / debit card, AMEX or cash.

1.1.2 Once the order has been signed, We will setup your payments by Direct Debit using Go Cardless as agreed on your completed loan application form.

1.2 You agree to pay the Total Order Value by making repayments referred to above. Repayments must be made by way of direct debit, unless we agree to take payments in any other way.

1.3 If any payment due date falls on a day on which banks are not ordinarily open for business, this payment will fall due on the next day when the banks are open for business.

1.4 Punctual payment is of the essence of this agreement, which means that it is a condition of this agreement that You make all the repayments on time and in full. If You do not pay any repayment on time, and in full, We are entitled to terminate this agreement.

 

2 LATE PAYMENT INTEREST, CHARGES AND COSTS

2.1 We have the right to charge You additional amounts to cover our expenses if You do not fulfil Your side of this agreement. The current charges are (on each occasion, where applicable):

2.1.1 £ 10 for each failed payment plus a further £5 per automated retry (this may be less if the fees from GoCardless are less whch vary, but in any case will not be more).

2.1.2 £ 25 upon our termination of this agreement pursuant to clause 7. We may vary these charges to reflect any increase in Our own administration costs, or to accommodate legislative requirements or market developments. We will inform You of any change in writing by giving You 7 days notice prior to such change.

2.2 If You do not fulfil Your side of this agreement You will have to reimburse Us in respect of reasonable expenses incurred by Us in enforcing the agreement and tracing You.

2.3 You will pay Us in full for any loss (being any costs, claims, expenses, damages or injury suffered or reasonably incurred by Us or a third party including reasonable legal costs) under or relating to the agreement or the enforcement of our rights.

 

3 RIGHT OF WITHDRAWAL

3.1 You have the right to withdraw from this agreement without any reason before the end of the 14th day starting on the day after the day on which You receive a copy of the executed agreement (ie: signed and dated by You)

3.2 You may notify Us of Your intention to withdraw in writing by email to info@zenshots.co.uk.

3.3 If You do withdraw, You are obliged to repay the Value Of Loan Being Taken to us without delay. 

It must be repaid within 7 days beginning with the day after the day You gave us notice to withdraw). When You have paid these sums to Us, legal ownership of any goods will pass to You on the same terms as would have applied had You not withdrawn from this agreement.

3.4 If You do not exercise Your right to withdraw, this agreement will remain binding upon You until such time as it expires or is terminated.

 

4 EARLY REPAYMENT

4.1 You may repay the Amount of Credit (plus any interest or other charges which are due) early, either in part or in full, by giving Us notice in writing or orally of Your intention to do so. You can do this by contacting Us either by email or telephone using the email address or telephone number shown at the top of this agreement and by paying the appropriate amount.

4.2 If You repay the Amount of Credit (plus any interest or other charges which are due) early, in part, We will recalculate and reduce the amount of the repayments due from You.

4.3 Your partial payment will be applied firstly to pay off any arrears, late payment interest and charges to bring Your account up to date and the remainder will be applied to partially settle Your account.

 

5 STATEMENT OF ACCOUNT

You have a right to receive on request and free of charge at any time during the duration of this agreement a statement showing details of each repayment owing under this

agreement, the date on which each repayment is due, the amount and any conditions relating to the repayments and a breakdown of each repayment showing how much is made up of capital, interest and if applicable any other charges.

 

6 DEFAULT

6.1 If any of the following events occur We will assume that You have repudiated this agreement, which means that by Your action You have ended this agreement:

6.1.1 You fail to pay two or more consecutive repayments on time and in full;

6.1.2 You breach any other term of this agreement and (if capable of remedy) fail to remedy the breach within the period specified in any default notice that You receive from Us;

6.1.3 You breach a material term of any other agreement made between You and Us or if any such agreement is terminated;

6.1.4 You commit persistent breaches of this agreement;

6.1.5 You are unable to pay Your debts as defined in the Insolvency Act 1986, You are served with a Statutory Demand or a bankruptcy order is made against You or You petition for Your own bankruptcy, in Scotland a petition is presented for sequestration of Your estate or You become apparently insolvent or grant a trust deed to Your creditors;

6.1.6 You make any composition, scheme or arrangement with creditors or a meeting with creditors is convened;

6.1.7 Upon the appointment of a Trustee in Bankruptcy;

6.1.8 A County Court Judgment is awarded against You;

6.1.9 If there is any enforcement, execution or distress levied or attempted against You or any of Your assets or income;

6.1.10 You have given Us material information in connection with the making of this agreement which You knew, or ought reasonably to have known, is false or You fail to provide to Us material information which would have affected the provision of credit to You under this agreement;

6.2 If any of the events referred to in clause 6.1 occur then We may, after service of a default notice in compliance of the Consumer Credit Act 1974, terminate this agreement under clause 7 below and recover the amounts set out in that clause.

 

7 TERMINATION

7.1 If We terminate this agreement You will pay to Us:

7.1.1 all arrears of repayments and other sums due under this agreement;

7.1.2 the repayments that would have become due and payable during the remainder of this agreement except for the termination:

7.1.3 our reasonable legal and other costs and expenses incurred in enforcing our rights under this agreement as set out in clause 8 below: less

7.1.4 any rebate payable for early settlement.

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8 GENERAL TERMS

8.1 You will tell Us immediately if You change Your address.

8.2 If You are more than one person then Your liability will be joint and several. This means that each person signing will be fully responsible for making the payments and performing the obligations required by this agreement. Any notice We send to one of You will be effective notice to both or all of You.

8.3 This agreement incorporates all of the terms agreed between You and Us. We exclude all representation or statements made before entry into this agreement except those implied by law.

8.4 We reserve the right to serve a notice of variation on You in the event that the value, quantity or description of goods or services financed by this agreement changes.

8.5 We may assign the benefit of this agreement to any third party but You must not do so. If We assign the agreement We will inform You in writing of the assignment. You must not transfer or sell this agreement to any third parties.

8.6 Notices from You to Us should be sent to info@zenshots.co.uk .Notices from Us to You will be sent to Your address given on the agreement or to any other address which You have notified to Us in writing. You must notify Us promptly if You change address otherwise all notices will be validly served at the most recent address We have on file for You. If You have provided Us with an email address You authorise Us to provide notices to You and communicate with You using that email address.

8.7 No manufacturer, credit broker or supplier by whom this agreement was negotiated or the Order was fulfilled is our agent for any purpose. This does not affect Your statutory rights.

8.8 Our rights will not be affected if We grant You any concession, do not enforce our rights or We delay enforcing any of the terms of this agreement.

8.9 A person who is not a party to this agreement shall have no right to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.

8.10 You have chosen the goods or services described and will inspect them immediately on receipt or delivery (as applicable). You agree that We do not give, make or agree to any condition, warranty, term, stipulation or representation express or implied in respect of the goods or services forming the Order. This does not affect Your statutory rights.

8.11 English law will apply to this agreement unless Your address is in Scotland, in which case Scottish law will apply or Your address is in Northern Ireland, in which case the laws of Northern Ireland will apply. The non-exclusive jurisdiction of the English or Scottish courts or the courts of Northern Ireland will apply (as appropriate).

 

9 OMBUDSMAN SCHEME

If You are a customer acting outside the course of a business and have a complaint about this agreement or the products financed by it and You are unable to resolve it with Us, You are entitled to refer it to the Financial Ombudsman Service at Exchange Tower, London, E14 9SR or www.financialombudsman.

org.uk. If You are a customer entering into this agreement in the course of a business, You may have the right to complain to the Financial Ombudsman Service.

 

10 OUR REGULATOR

The Financial Conduct Authority is the supervisory authority for consumer credit agreements. Their address is at 25 The North Colonnade, Canary Wharf, London, E14

 

HOW WE USE YOUR PERSONAL INFORMATION

 

We will collect personal data relating to You and third parties which may include a spouse or partner, family members, and/or member(s) of Your household, joint applicant(s), or other individuals with whom You have a financial connection "financial associates". You must be sure You have Your financial associate's agreement to disclose their information. This personal data may be collected from You or other sources such as credit reference agencies, fraud prevention agencies (including those based outside the EU), Your insurer, regulatory bodies and public registers including the electoral roll.

Whether or not Your application proceeds, these sources will link Your records and those of Your financial associates, including any previous and subsequent names. These links will remain on Your and their files until You or they tell these sources You are no longer financially linked and the source accepts this.

Personal data collected by Us will be used by Us at application stage and during the term of and after termination of this agreement, for the following purposes: providing and administering the services under, and transacting, this agreement; verifying identity; customer services; complying with legal, regulatory and compliance obligations that apply to Us (for example, anti-money laundering and counterterrorism checks) and detection and prevention of fraud and other crimes; tax administration; account management; auditing; reporting and accounting functions; statistical analysis and market research;

credit and other funding decisions; credit, market and operational risk management; debt recovery; assigning Our rights or obligations to a third party; disposing of Our business or assets; funding, capital markets or securitisation arrangements. A scoring or other automated decision-making system may be used to assess Your application and We may monitor and record telephone calls for the purposes of security and training. We shall retain Your information for no longer than is necessary for the purposes set out in this agreement, when it shall be removed from Our records.

For the purposes set out above, We may transfer personal data to selected third parties, our service, system, support and outsource providers; Our collection agents; Our owners and affiliates; Our insurers and financial or other institutions; retailers and manufacturers; regulatory bodies and law enforcement and fraud prevention agencies.

We will share personal data, including details of Your application to or agreement with Us, the payments You make under it, any default or failure to keep to its terms and any change of name or address, with credit reference agencies. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering.  Personal data may be transferred to recipients located in countries outside the European Economic Area (including the USA) which do not provide the same standard of data protection laws as the UK. Any party who receives personal data is required by Us to have appropriate technical, organisational and security measures in place to keep such personal data confidential and secure.

Under the Data Protection Act 1998 You have certain rights in relation to the personal data We hold about You, which include:

• A right of access, on written request to Us at the address provided on the front of this agreement, to details regarding the personal data We hold about You (for which We may charge a fee);

• A right to amend, block or delete any inaccurate personal data held about You;

• A right to the name and address of the credit reference agencies that We have used for the purposes of Your application.

With regards to GDPR, You will have certain additional rights in relation to your information, including (without limitation) the right to (i) be informed about how your information will be used (at no cost to You), (ii) ask Us to restrict processing, (iii) if it is technically feasible, transmit your information from Our systems to a third party's system in a safe and secure way, (iv) object to Our use of Your information where We are using it for the purposes of Our legitimate interests as described in this agreement; or (v) not to be subject to a decision when is it based on automated processing and it produces a legal effect or a similarly significant effect on You.